[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Rules and Regulations]
[Pages 58637-58645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29304]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[CT051-7209a; A-1-FRL-6182-2]
Approval and Promulgation of Air Quality Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; State of
Connecticut; Approval of Maintenance Plan, Carbon Monoxide
Redesignation Plan and Emissions Inventory for the Connecticut Portion
of the New York--N. New Jersey--Long Island Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a request by the Connecticut Department of
Environmental Protection (CTDEP) on May 29, 1998 to redesignate the
Connecticut portion of the New York--N. New Jersey--Long Island carbon
monoxide nonattainment area (hereinafter the southwest Connecticut
nonattainment area) from nonattainment to attainment for carbon
monoxide (CO). EPA is approving this request which establishes the area
as attainment for carbon monoxide and requires the State to implement
their 10 year maintenance plan that will insure that the area remains
in attainment. Under the Clean Air Act (CAA) as amended in 1990,
designations can be revised if sufficient air quality data is available
to warrant such revisions. EPA is approving the Connecticut request
because it meets the redesignation requirements set forth in the CAA.
In this action, EPA is also approving the 1993 periodic emission
inventory for CO emissions.
DATES: This action is effective January 4, 1999, unless EPA receives
adverse or critical comments by December 2, 1998. Should the Agency
receive such comments, it will publish a timely withdrawal informing
the public that this rule will not take effect.
ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystem Protection (mail code CAA), U.S. Environmental
Protection Agency, Region I, JFK Federal Bldg., Boston, MA 02203-2211.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
Region I, One Congress Street, 11th floor, Boston, MA and the Bureau of
Air Management, Department of Environmental Protection, State Office
Building, 79 Elm Street, Hartford, CT 06106-1630.
FOR FURTHER INFORMATION CONTACT: Jeffrey S. Butensky, Environmental
Planner, Air Quality Planning Unit of the Office of Ecosystem
Protection (mail code CAQ), U.S. Environmental Protection Agency,
Region I, JFK Federal Bldg., Boston, MA 02203-2211, (617) 565-3583 or
at butensky.jeff@epamail.epa.gov
SUPPLEMENTARY INFORMATION: On May 29, 1998, the State of Connecticut
submitted a formal redesignation request consisting of air quality data
showing that the southwest Connecticut area is attaining the standard
and a maintenance plan with all applicable requirements. In addition,
in December, 1996, the State of Connecticut submitted a 1993 periodic
carbon monoxide inventory which is also being approved in today's
action.
I. Summary of SIP Revision
A. Background
On March 31, 1978, (See 43 FR 8962), EPA published a rulemaking
which set forth the attainment status for all States in relation to the
National Ambient Air Quality Standards (NAAQS). The Connecticut portion
of the New York--N. New Jersey-Long Island area was designated as
nonattainment for carbon monoxide (CO) through this notice. This
includes the municipalities in southwest Connecticut of Bethel,
Bridgeport, Bridgewater, Brookfield, Danbury, Darien, Easton,
Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, New Milford,
Newtown, Norwalk, Redding, Ridgefield, Sherman, Stamford, Stratford,
Trumbull, Weston, Westport, and Wilton.
In a letter dated March 14, 1991 from the Connecticut Department of
Environmental Protection to the EPA Administrator, the State
recommended that the area be classified as moderate nonattainment for
CO. The moderate classification was based on monitoring data measured
outside the Connecticut portion of the nonattainment area. Therefore,
this area is subject to the requirements of section 187 of the Clean
Air Act which sets forth requirements for CO nonattainment areas. The
1990 CAA required such areas to achieve the standard by December 31,
1995 as per CAA section 186 (a)(1). Two one year extensions were
granted pursuant to section 186 (a)(4), and the entire New York--N. New
Jersey--Long Island Area has been attaining the NAAQS since 1997.
The southwest Connecticut area makes up a portion of the New York--
N. New Jersey-Long Island CO nonattainment area. However, EPA has
determined that Connecticut can
[[Page 58638]]
redesignate to attainment while the remaining two states remain
designated as nonattainment. Specifically, the counties in New York and
New Jersey will remain designated as nonattainment due to shortfalls in
their respective state implementation plans (see further discussion
below). However, since Connecticut has fulfilled all Clean Air Act
requirements required to redesignate, the Connecticut portion of the
tri-state nonattainment area can redesignate to attainment. Therefore,
in an effort to comply with the CAA and to ensure continued attainment
of the NAAQS, on May 29, 1998, the State of Connecticut submitted a CO
redesignation request and a maintenance plan for the southwest
Connecticut area. Connecticut submitted evidence that a public hearing
was held on April 21, 1998.
B. Evaluation Criteria
Rationale for Redesignating the Connecticut Portion of the New York--N.
New Jersey--Long Island Area
EPA has concluded that the southwest Connecticut area can
redesignate to attainment even though the New York and New Jersey
portions of the nonattainment area will not be redesignating at this
time. The entire tri-state area has the required two years of clean air
quality data needed to allow an area to redesignate. Both New York and
New Jersey have not, however, fulfilled all the Clean Air Act
requirements for a CO State Implementation Plan (SIP). Therefore, New
York and New Jersey cannot redesignate their CO nonattainment areas
until all requirements are fulfilled. Connecticut has implemented all
required control measures, including an enhanced inspection and
maintenance program. EPA believes it is not reasonable in this case to
prevent Connecticut from redesignating because of the failure of the
other two states to fulfill their SIP obligations. To do so would have
the effect of penalizing the one state of the three that has most
diligently met its obligations under the Act.
As a safeguard to assure that redesignating in Connecticut will not
eliminate the tracking of multi-state impacts in this nonattainment
area, Connecticut has agreed in this redesignation request to provide a
broad, early trigger for contingency measures. Connecticut has
committed to treating an exceedance of the CO standard in any of the
three States as a trigger for contingency measures in Connecticut,
rather than a violation in the area (further discussed in the
continency measures section of this notice.) An exceedance in any part
of the nonattainment area will trigger Connecticut's commitment to
assess its impact on the area of exceedance and to take an appropriate
response, if any, to address the exceedance.
Current data suggest that Connecticut's contribution to CO
exceedances in New York and New Jersey is not substantial. To support
the fact that Connecticut has a minimal impact on CO concentrations in
the other two states, EPA requested that Connecticut provide data on
vehicle miles traveled (VMT) for Connecticut vehicles entering New York
for work purposes. Approximately 1.1 percent of the total work trips
entering the seven county New York CO nonattainment area originate from
Connecticut (see the Technical Support Document for more information).
Statistics on work trips to New Jersey that originate in Connecticut
are not available at this time but would likely show a similar trend or
even less contribution than in New York. Therefore, EPA concludes that
vehicle trips originating in Connecticut make only a minor contribution
to CO emissions in the New York and New Jersey portions of this
nonattainment area.
Section 107(d)(3)(A) of the Act provides for EPA to redesignate
portions of nonattainment areas, including ``any area or portion of an
area within the State or interstate area.'' Given the discretion
provided under the Act to act on only a portion of an interstate
nonattainment area, EPA is prepared to allow Connecticut to redesignate
to attainment separately from New York and New Jersey. Not to do so
would penalize Connecticut for other states' failure to meet their SIP
obligations. Though the entire nonattainment area now has clean air
data that support redesignation, Connecticut has committed to assessing
its impact on any future CO exceedances anywhere in the area if air
quality should deteriorate in the future. And finally, Connecticut's
contribution to VMT and CO emissions in the other states is not
substantial.
Requirements for Redesignation
Section 107(d)(3)(E) of the 1990 Clean Air Act Amendments provides
five specific requirements that an area must meet in order to be
redesignated from nonattainment to attainment.
1. The area must have attained the applicable NAAQS;
2. The area must have a fully approved SIP under section 110(k) of
CAA;
3. The air quality improvement must be permanent and enforceable;
4. The area must have a fully approved maintenance plan pursuant to
section 175A of the CAA;
5. The area must meet all applicable requirements under section 110
and Part D of the CAA.
C. Review of State Submittal
The Connecticut redesignation request for the southwest Connecticut
area meets the five requirements of section 107(d)(3)(E) noted above.
The following is a brief description of how the State has fulfilled
each of these requirements.
1. Attainment of the CO NAAQS
Connecticut has quality-assured CO ambient air monitoring data
which shows that the southwest Connecticut area has met the CO NAAQS.
In addition, both New York and New Jersey have met the CO NAAQS but
cannot redesignate due to shortfalls in their State implementation
plans (as previously discussed). The request by Connecticut to
redesignate is based on an analysis of quality-assured monitoring data
which is relevant to the maintenance plan and to the redesignation
request. To attain the CO NAAQS, an area must have complete quality-
assured data showing no more than one exceedance of the standard over
at least two consecutive years. The ambient air CO monitoring data for
calendar year 1995 through calendar year 1996 relied upon by
Connecticut in its redesignation request shows no violations of the CO
NAAQS, and the area has had no exceedances since then. Therefore, the
area has complete quality assured data showing no more than one
exceedance of the standard per year over at least two consecutive years
and the area has met the first statutory criterion of attainment of the
CO NAAQS (40 CFR 50.9 and appendix C). Connecticut also committed to
continue to monitor CO in the cities of Stamford and Bridgeport.
In addition, the State has used the MOBILE5A emission model and the
CAL3QHC (version 2.0) dispersion model, and the modeling results show
no violations of the CO NAAQS in the year 2010. No violations are
expected throughout the maintenance period (through 2010).
2. Fully Approved SIP
Connecticut's CO SIP is fully approved by EPA as meeting all the
requirements of Section 110 of the Act, including the requirement in
Section 110(a)(2)(I) to meet all the applicable requirements of Part D
(relating to nonattainment), which were due prior to the date of
Connecticut's
[[Page 58639]]
redesignation request. The Southwest Connecticut CO SIP was fully
approved by EPA on July 25, 1996 as meeting the CO SIP requirements in
effect under the CAA. The 1990 CAA required that CO nonattainment areas
achieve specific new requirements depending on the severity of the
nonattainment classification. The requirements for the southwest
Connecticut area include the development of an attainment
demonstration, vehicle miles traveled forecasts, data providing proof
that the standard has been achieved, the development of continency
measures and a maintenance plan, preparation of a 1990 emission
inventory with periodic updates, and adherence to the conformity rules.
These requirements are discussed in greater detail below.
New Source Review: Consistent with the October 14, 1994 EPA
guidance from Mary D. Nichols entitled ``Part D New Source Review (part
D NSR) Requirements for Areas Requesting Redesignation to Attainment,''
EPA is not requiring as a prerequisite to redesignation to attainment
EPA's full approval of a part D NSR program by Connecticut. Under this
guidance, nonattainment areas may be redesignated to attainment
notwithstanding the lack of a fully-approved part D NSR program, so
long as the program is not relied upon for maintenance. Connecticut has
not relied on a NSR program for CO sources to maintain attainment.
Although EPA is not treating a part D NSR program as a prerequisite for
redesignation, it should be noted that EPA is in the process of taking
final action on the State's revised NSR regulation. Since the southwest
Connecticut area is being redesignated to attainment by this action,
Connecticut's Prevention of Significant Deterioration (PSD)
requirements will be applicable to new or modified sources in the
southwest Connecticut area.
Emission Inventory: Under the Clean Air Act as amended, States have
the responsibility to inventory emissions contributing to NAAQS
nonattainment, to track these emissions over time, and to ensure that
control strategies are being implemented that reduce emissions and move
areas towards attainment. The inventory is designed to address actual
CO emissions for the area during the peak CO season.
Section 187(a)(1) of the CAA requires that nonattainment plan
provisions include a comprehensive, accurate, and current inventory of
actual emissions from all sources of relevant pollutants in the
nonattainment area, and this was accomplished. Connecticut included the
requisite inventory in the CO SIP, and the base year for the inventory
was 1990 and used a three month CO season of November 1989 through
January 1990. Stationary point sources, stationary area sources, on-
road mobile sources, and non-road mobile sources of CO were included in
the inventory. Available guidance for preparing emission inventories is
provided in the General Preamble (57 FR 13498, April 16, 1992). In this
action, EPA is approving the 1990 emissions inventory for the
Connecticut portion of the New York--N. New Jersey--Long Island Area.
Connecticut submitted its 1993 periodic inventory to EPA in
December, 1996, and this included estimates for CO emissions for all
three previously designated CO nonattainment areas (i.e., the Hartford/
New Britain/Middletown area, the New Haven/Meriden Waterbury area, and
the southwest Connecticut area). EPA is approving the 1993 CO periodic
emission inventory with this redesignation request based on a technical
review of the inventory. The following list presents a summary of the
1990 and 1993 CO peak season daily emissions estimates in tons per
winter day (tpd) by source category for the southwest Connecticut area.
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Area Non road Mobile Point Total
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1990 CO Emissions (tpd)....................... 155.18 71.62 413.54 13.11 653.45
1993 CO Emissions (tpd)........................ 188.93 73.54 277.29 2.64 542.40
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Oxygenated fuel: On July 25, 1996, EPA approved in the Federal
Register a SIP revision satisfying the requirements of section 211(m)
of the CAA. This action approved Connecticut's oxygenated gasoline
program as it applies to the southwestern control area. At this time,
EPA determined that the length of the period prone to high ambient
concentrations of CO for the New York-New Jersey-Connecticut CMSA to be
from November 1 through the last day of February in this area. The
scope of the Connecticut oxygenated gasoline program corresponds with
this required control period, thereby satisfying that element of the
section 211(m) requirements.
The oxygenated gasoline program is one in which all oxygenated
gasoline must contain a minimum oxygen content of 2.7 percent by weight
of oxygen. Under Section 211(m)(4) of the CAA, EPA also issued
requirements for the labeling of gasoline pumps used to dispense
oxygenated gasoline, as well as guidelines on the establishment of an
appropriate control period. These labeling requirements and control
period guidelines may be found at 57 FR 47849, dated October 20, 1992.
Connecticut's oxygenated gasoline regulation requires the minimum
2.7 percent oxygen content in gasoline sold in the southwestern control
area. The regulation also contains the necessary labeling regulations,
enforcement procedures, and oxygenate test methods.
Conformity: Under section 176(c) of the CAA, states are required to
submit revisions to their SIPs that include criteria and procedures to
ensure that Federal actions conform to the air quality planning goals
in the applicable SIPs. The requirement to determine conformity applies
to transportation plans, programs, and projects developed, funded or
approved under Title 23 U.S.C. or the Federal Transit Act
(``transportation conformity''), as well as all other federal actions
(``general conformity''). Congress provided for the State revisions to
be submitted one year after the date of promulgation of final EPA
conformity regulations. EPA promulgated revised final transportation
conformity regulations on August 15, 1997 (62 FR 43780) and final
general conformity regulations on November 30, 1993 (58 FR 63214).
These conformity rules require that the States adopt both
transportation and general conformity provisions in the SIP for areas
designated nonattainment or subject to a maintenance plan approved
under CAA section 175A. Pursuant to 40 CFR 51.390 of the transportation
conformity rule, the State of Connecticut is required to submit a SIP
revision containing transportation conformity criteria and procedures
consistent with those established in the federal rule by August 15,
1998. Similarly, pursuant to 40 CFR 51.851 of the general conformity
rule, Connecticut was required to submit a SIP revision containing
general conformity criteria and procedures consistent with those
established in the federal rule by December 1, 1994. Connecticut has
not yet submitted either of these conformity SIP revisions.
[[Page 58640]]
Although Connecticut has not yet adopted and submitted conformity
SIP revisions, EPA believes it is reasonable to interpret the
conformity requirements as not being applicable requirements for
purposes of evaluating the redesignation request under section 107(d).
The rationale for this is based on two factors. First, the requirement
to submit SIP revisions to comply with the conformity provisions of the
Act applies to maintenance areas and thereby continues to apply after
redesignation to attainment. Therefore, Connecticut remains obligated
to adopt the transportation and general conformity rules even after
redesignation. While redesignation of an area to attainment enables the
area to avoid further compliance with most requirements of section 110
and part D, since those requirements are linked to the nonattainment
status of an area, the conformity requirements apply to both
nonattainment and maintenance areas.
Second, EPA's federal conformity rules require the performance of
conformity analyses in the absence of state-adopted rules. Therefore, a
delay in adopting state rules does not relieve an area from the
obligation to implement conformity requirements. Areas are subject to
the conformity requirements regardless of whether they are redesignated
to attainment and must implement conformity under federal rules if
state rules are not yet adopted, therefore, it is reasonable to view
these requirements as not being applicable requirements for purposes of
evaluating a redesignation request. Furthermore, Connecticut has
continually fulfilled all of the requirements of the federal
transportation conformity and general conformity rules, so it is not
necessary that the State have either their transportation or general
conformity rules approved in the SIP prior to redesignation to insure
that Connecticut meets the substance of the conformity requirements. It
should be noted that approval of Connecticut's redesignation request
does not obviate the need for Connecticut to submit the required
conformity SIPs to EPA, and EPA will continue to work with Connecticut
to assure that State rules are promulgated.
On April 1, 1996, EPA modified its national policy regarding the
interpretation of the provisions of section 107(d)(3)(E) concerning the
applicable requirements for purposes of reviewing a CO redesignation
request (61 FR 2918, January 30, 1996). Under this new policy, for the
reasons discussed, EPA believes that the CO redesignation request may
be approved notwithstanding the lack of submitted and approved state
transportation and general conformity rules.
For transportation conformity purposes, the 2010 on-road emission
totals outlined in the chart later in this notice is designated as the
emissions budget for the southwest Connecticut CO nonattainment/
maintenance area.
3. Improvement in Air Quality Due to Permanent and Enforceable Measures
EPA approved Connecticut's CO SIP on July 25, 1996. Emission
reductions achieved through the implementation of control measures
contained in that SIP are enforceable. These measures were: a basic
inspection and maintenance program, reformulated gasoline, the federal
motor vehicle control program, and the tier 1 emissions standards for
new cars and trucks (began in the 1994 model year). The air quality
improvements are due to the permanent and enforceable measures
contained in the CO SIP. EPA finds that the combination of certain
existing EPA-approved SIP and federal measures contribute to the
permanence and enforceability of reduction in ambient CO levels that
have allowed the area to attain the NAAQS.
4. Fully Approved Maintenance Plan Under Section 175A
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The plan must demonstrate continued attainment of the applicable NAAQS
for at least ten years after the Administrator approves a redesignation
to attainment. Eight years after the redesignation, the state must
submit a revised maintenance plan which demonstrates attainment for the
ten years following the initial ten-year period. To provide for the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures, with a schedule for implementation
adequate to assure prompt correction of any air quality problems. The
contingency plan includes the investigation of traffic conditions that
caused any exceedance of the nine parts per million CO NAAQS threshold,
the implementation of the enhanced inspection and maintenance program
(which began implementation on January 1, 1998), and the low emission
vehicle program (LEV). Although most of these programs are being
implemented as measures to achieve the NAAQS for ground level ozone,
they are not required in carbon monoxide nonattainment areas under the
Clean Air Act and can therefore be used as contingency measures. In
this notice, EPA is approving the State of Connecticut's maintenance
plan for the southwest Connecticut area because EPA finds that
Connecticut's submittal meets the requirements of section 175A. In
addition, although vehicle miles traveled (VMT) may increase over the
maintenance period, the decrease in emissions per vehicle will more
than offset growth in VMT.
A. Attainment Emission Inventory
As previously noted, the State of Connecticut submitted a
comprehensive inventory of CO emissions from the southwest Connecticut
area. The inventory includes 1997 emissions from area, stationary, and
mobile sources using 1993 as the base year for calculations. In
addition, a conformity budget of 205 tons/day for on-road mobile
sources is being established to ensure that total projected CO emission
during the maintenance period do not exceed the total attainment year
inventory. This budget supersedes all previous budgets and should be
used for all future transportation conformity determination made by the
regional planning agencies.
The 1997 inventory is considered representative of attainment
conditions because the NAAQS was not violated during 1997 in the
nonattainment area and the inventory was prepared in accordance with
EPA guidance. Connecticut established CO emissions for the attainment
year, 1997, as well as for the year 2010. The southwest Connecticut
portion of the tri-state CO nonattainment area has measured compliance
with the CO NAAQS since 1985. However, Connecticut is establishing the
1997 inventory as the attainment inventory because 1997 was the first
year that the entire tri-state area compiled two years of violation
free monitoring data necessary to redesignate to attainment. These
estimates were derived from the State's 1993 emissions inventory. The
State submittal contains the following data:
[[Page 58641]]
Southwest Connecticut Nonattainment Area CO Emissions Inventory Summary
[Tons per day]
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Year Area Non road Mobile Point Total
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1993........................................... 188.9 73.5 277.3 2.7 542.3
1997........................................... 189.4 73.7 216.1 2.7 481.9
2010........................................... 196.3 76.4 205.1 2.7 480.5
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To fulfill the requirements of a redesignation request, a
maintenance plan must extend out 10 years or more from the date of this
notice. Therefore, this information had to be provided through the year
2010. This has fulfilled the 10 year requirement for maintenance plans.
B. Demonstration of Maintenance-Projected Inventories
Total CO emissions were projected from the 1993 base year out to
2010 as shown in the table in the preceding section. Connecticut
projects that total CO emissions in 2010 will be less than CO emissions
in the 1997 attainment year. These projected inventories were prepared
in accordance with EPA guidance and included the benefits of federal
motor vehicle controls, reformulated gasoline, and basic inspection and
maintenance. These estimates are extremely conservative because they do
not include oxygenated gasoline, enhanced inspection and maintenance,
or the low emission vehicle program. Therefore, it is anticipated that
the area will maintain the CO standard.
C. Verification of Continued Attainment
Continued attainment of the CO NAAQS in the southwest Connecticut
area depends, in part, on the State's efforts toward tracking
indicators of continued attainment during the maintenance period, and
the State will submit periodic inventories of CO emissions. In
addition, 8 years from today the state is required to submit another 10
year maintenance plan covering the period from 2010 through 2020.
D. Contingency Plan
The level of CO emissions in the southwest Connecticut area will
largely determine its ability to stay in compliance with the CO NAAQS
in the future. Despite the State's best efforts to demonstrate
continued compliance with the NAAQS, the ambient air pollutant
concentrations may exceed or violate the NAAQS, although highly
unlikely. Also, section 175A(d) of the CAA requires that the
contingency provisions include a requirement that the State implement
all measures contained in the SIP prior to redesignation. Therefore,
Connecticut has provided contingency measures in the event of a future
CO air quality problem.
Connecticut has decided to implement contingency measures when an
exceedance occurs even though they are only required if a violation
occurs, therefore making the continency plan more stringent than is
required. An exceedance occurs when a monitor measures CO levels above
nine parts per million as a mean concentration over an eight hour
period, and the NAAQS is violated if there are two or more exceedances
in a given year. The State believes that an early trigger will allow
Connecticut to take early measures in response to the emission problem
to avoid another exceedance and/or persistence of a problem that could
lead to a NAAQS violation.
Connecticut has developed a three-stage contingency plan for the
southwest Connecticut area. The first stage of the plan is to
investigate the local traffic conditions where the exceedance occurred.
The second stage is the implementation of the enhanced inspection and
maintenance program as indicated earlier in this notice. The third is
the low emission vehicle program, also as indicated earlier. In order
to be adequate, the maintenance plan should include at least one
contingency measure that will go into effect with a triggering event.
Connecticut is relying largely on these three contingency measures, the
later two of which will go into effect regardless of any triggering
event, thereby fulfilling this requirement.
E. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the CAA, the State has agreed
to submit a revised maintenance SIP eight years after the area is
redesignated to attainment. Such revised SIP will provide for
maintenance for an additional ten years.
5. Meeting Applicable Requirements of Section 110 and Part D
In section C.2. of this notice, EPA has set forth the basis for its
conclusion that Connecticut has a fully approved SIP which meets the
applicable requirements of Section 110 and Part D of the CAA.
EPA is publishing this redesignation and approving the emissions
budget for the southwest Connecticut area without prior proposal
because the Agency views this as noncontroversial and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal should relevant adverse comments be
filed. This action will be effective January 4, 1999, without further
notice unless the Agency receives relevant adverse comments by December
2, 1998.
If the EPA receives such comments, then EPA will publish a timely
withdrawal of the final rule informing the public that it will not take
effect. All public comments received will then be addressed in a
subsequent final rule based on the proposal. The EPA will not institute
a second comment period on this rule. Any parties interested in
commenting on this rule should do so at this time. If no such comments
are received, the public is advised that this redesignation will be
effective on January 4, 1999, and no further action will be taken on
the proposal.
II. Final Action
EPA is approving the southwest Connecticut CO redesignation because
the State has demonstrated compliance with the requirements of section
107(d)(3)(E) for redesignation and EPA is approving the maintenance
plan because it meets the requirements set forth in section 175A of the
CAA.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State implementation plan. Each request for revision to
the State implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory
[[Page 58642]]
action from Executive Order 12866 entitled ``Regulatory Planning and
Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of state, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.'' Today's rule does not
create a mandate on state, local or tribal governments. The rule does
not impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of E.O. 12875 do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it does not involve
decisions intended to mitigate environmental health or safety risks.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under Sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
H. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 4, 1999. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this for the purposes of judicial
review nor does it
[[Page 58643]]
extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such an action. This
action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).) EPA encourages interested
parties to comment in response to the proposed redesignation rather
than petition for judicial review, unless the objection arises after
the comment period allowed for in the proposal.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Ozone.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: October 21, 1998.
John P. DeVillars,
Regional Administrator, Region I.
40 CFR Parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401--7671q.
Subpart H--Connecticut
2. Section 52.374 is amended by revising the table to read as
follows:
Sec. 52.374 Attainment dates for national standards.
* * * * *
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------------------------
Air quality control region SO2
------------------------ PM10 NO2 CO O3
Primary Secondary
----------------------------------------------------------------------------------------------------------------
AQCR 41: Eastern Connecticut Intrastate
(See 40 CFR 81.183).................... (a) (a) (a) (a) (a) (d)
AQCR 42: Hartford-New Haven-Springfield
Interstate Area (See 40 CFR 81.26).....
All portions except City of New
Haven.............................. (a) (a) (a) (a) (a) (d)
City of New Haven................... (a) (a) (c) (a) (a) (d)
AQCR 43: New Jersey-New York-Connecticut
Interstate Area (See 40 CFR 81.13)..... (a) (a) (a) (a) (a) (e)
AQCR 44: Northwestern Connecticut
Intrastate (See 40 CFR 81.184)......... (a) (a) (a) (a) (a) (d)
----------------------------------------------------------------------------------------------------------------
a. Air quality levels presently below primary standards or area is unclassifiable.
b. Air quality levels presently below secondary standards or area is unclassifiable.
c. December 31, 1996 (two 1-year extensions granted).
d. November 15, 1999.
e. November 15, 2007.
3. Section 52.376 is amended by revising paragraphs (a) and (d) and
by adding paragraphs (e) and (f) to read as follows:
Sec. 52.376 Control strategy: Carbon Monoxide.
(a) Approval--On January 12, 1993, the Connecticut Department of
Environmental Protection submitted a revision to the carbon monoxide
State Implementation Plan for the 1990 base year emission inventory.
The inventory was submitted by the State of Connecticut to satisfy
Federal requirements under sections 172(c)(3) and 187(a)(1) of the
Clean Air Act as amended in 1990, as a revision to the carbon monoxide
State Implementation Plan for the Hartford/New Britain/Middletown
carbon monoxide nonattainment area, the New Haven/Meriden/Waterbury
carbon monoxide nonattainment area, and the Connecticut Portion of the
New York--N. New Jersey--Long Island carbon monoxide nonattainment
area.
* * * * * *
(d) Approval--On January 17, 1997, the Connecticut Department of
Environmental Protection submitted a request to redesignate the New
Haven/Meriden/Waterbury carbon monoxide nonattainment area to
attainment for carbon monoxide. As part of the redesignation request,
the State submitted a maintenance plan as required by 175A of the Clean
Air Act, as amended in 1990. Elements of the section 175A maintenance
plan include a base year emission inventory for carbon monoxide, a
demonstration of maintenance of the carbon monoxide NAAQS with
projected emission inventories to the year 2008 for carbon monoxide, a
plan to verify continued attainment, a contingency plan, and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. If the area records a violation of
the carbon monoxide NAAQS (which must be confirmed by the State),
Connecticut will implement one or more appropriate contingency
measure(s) which are contained in the contingency plan. The menu of
contingency measure includes reformulated gasoline and the enhanced
motor vehicle inspection and maintenance program. The redesignation
request establishes a motor vehicle emissions budget of 229 tons per
day for carbon monoxide to be used in determining transportation
conformity for the New Haven/Meriden/Waterbury area. The redesignation
request and maintenance plan meet the redesignation requirements in
sections 107(d)(3)(E) and 175A of the Act as amended in 1990,
respectively.
(e) Approval--In December, 1996, the Connecticut Department of
Environmental Protection submitted a revision to the carbon monoxide
State Implementation Plan for the 1993 periodic emission inventory. The
inventory was submitted by the State of Connecticut to satisfy Federal
requirements under section 187(a)(5) of the Clean Air Act as amended in
1990, as a revision to the carbon monoxide State Implementation Plan.
(f) Approval---On May 29, 1998, the Connecticut Department of
Environmental Protection submitted a request to redesignate the
Connecticut portion of the New York-N. New Jersey-Long Island carbon
monoxide nonattainment area to attainment for carbon monoxide. As part
of the redesignation request, the State submitted a maintenance plan as
required by 175A of the Clean Air Act, as amended in 1990. Elements of
the section 175A maintenance plan include a periodic emission inventory
for carbon
[[Page 58644]]
monoxide, a demonstration of maintenance of the carbon monoxide NAAQS
with projected emission inventories to the year 2010 for carbon
monoxide, a plan to verify continued attainment, a contingency plan,
and an obligation to submit a subsequent maintenance plan revision in 8
years as required by the Clean Air Act. If the area records an
exceedance of the carbon monoxide NAAQS (which must be confirmed by the
State), Connecticut will implement one or more appropriate contingency
measure(s) which are contained in the contingency plan. The menu of
contingency measure includes investigating local traffic conditions,
the enhanced motor vehicle inspection and maintenance program, and the
low emissions vehicles program (LEV). The redesignation request
establishes a motor vehicle emissions budget of 205 tons per day for
carbon monoxide to be used in determining transportation conformity in
the Connecticut Portion of the New York--N. New Jersey--Long Island
Area. The redesignation request and maintenance plan meet the
redesignation requirements in sections 107(d)(3)(E) and 175A of the Act
as amended in 1990, respectively.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
2. The table in 81.307 entitled ``Connecticut-Carbon Monoxide'' is
revised to read as follows:
Sec. 81.307 Connecticut.
* * * * *
Connecticut-Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated Area ---------------------------------------------------------------------------------
Date 1 Type Date 1 Type
----------------------------------------------------------------------------------------------------------------
Hartford-New Britain-
Middletown Area
Hartford County (part)........ 1/2/96................... Attainment........................ ........ .......
Bristol City, Burlington
Town,
Avon Town, Bloomfield
Town,
Canton Town, E. Granby
Town,
E. Hartford Town, E.
Windsor Town,
Enfield Town, Farmington
Town,
Glastonbury Town, Granby
Town,
Hartford City, Manchester
Town,
Marlborough Town,
Newington Town,
Rocky Hill Town, Simsbury
Town,
S. Windsor Town, Suffield
Town,
W. Hartford Town,
Wethersfield Town,
Windsor Town, Windsor
Locks Town,
Berlin Town, New Britain
City,
Plainville Town, and
Southington Town
Litchfield County (part)...... 1/2/96................... Attainment........................ ........ .......
Plymouth Town
Middlesex County (part)....... 1/2/96................... Attainment........................ ........ .......
Cromwell Town, Durham
Town,
E. Hampton Town, Haddam
Town,
Middlefield Town,
Middletown City,
Portland Town, E. Haddam
Town
Tolland County (part)......... 1/2/96................... Attainment........................ ........ .......
Andover Town, Bolton Town,
Ellington Town, Hebron
Town,
Somers Town, Tolland Town,
and Vernon Town
New Haven--Meriden--Waterbury
Area
Fairfield County (part)....... 12/4/98.................. Attainment........................ ........ .......
Shelton City
Litchfield County (part)...... 12/4/98.................. Attainment........................ ........ .......
Bethlehem Town, Thomaston
Town,
Watertown, Woodbury Town
New Haven County.............. 12/4/98.................. Attainment........................ ........ .......
New York-N. New Jersey-Long
Island Area
Fairfield County (part)....... 1/4/99................... Attainment........................ ........ .......
All cities and townships
except Shelton City
Litchfield County (part)...... 1/4/99................... Attainment........................ ........ .......
Bridgewater Town, New
Milford Town
AQCR 041 Eastern Connecticut ......................... Unclassifiable/Attainment......... ........ .......
Intrastate.
Middlesex County (part)
All portions except
cities and towns in
Hartford Area
New London County
Tolland County (part)
All portions except
cities and towns in
Harfford Area
Windham County
AQCR 044 Northwestern ......................... Unclassifiable/Attainment......... ........ .......
Connecticut Intrastate.
[[Page 58645]]
Hartford County (part)
Hartland Township
Litchfield County (part)
All portions except
cities and towns in
Hartford, New Haven,
and New York Areas
----------------------------------------------------------------------------------------------------------------
\1\ This date is Novemer 15, 1990, unless otherwise noted.
* * * * * *
*
[FR Doc. 98-29304 Filed 10-30-98; 8:45 am]
BILLING CODE 6560-50-U
